Chương 2 Nghị định 64/2007/NĐ-CP: Nội dung và điều kiện bảo đảm ứng dụng công nghệ thông tin trong hoạt động của cơ quan nhà nước

Chapter II

CONTENTS OF AND CONDITIONS FOR ASSURING INFORMATION TECHNOLOGY APPLICATION IN STATE AGENCIES'OPERATIONS

SECTION I. BUILDING OF INFORMATION INFRASTRUCTURE

Article 10.- Building ofinformation inlrastructure in service of state agencies

1. The Ministry of Post and Telematics shall assume the prime responsibility for, and coordinate with concerned agencies in, building special-use networks; and sum up estimated fundsfromthe state budget and other sources for investment in the building, exploitation, maintenance and upgrading of information infrastructure in service of state agencies.

2. Ministries, ministerial-level agencies, government-attached agencies and provincial-level People's Committees shall organize the building, exploitation, maintenance and upgrading of information infrastructure within their respective branches or localities.

3. State agencies shall invest in the building, exploitation, maintenance and upgrading of their information infrastructure in accordance with prescribed standards and technical regulations.

Article 11.- Building of national databases

1. A national database means a collection of information in one or several socio-economic domains,-which is built, updated and maintained to meet the demand of economic sectors for information access and use and serve public interests.

2. The Ministry of Post and Telematics shall assume the prime responsibility for, and coordinate with concerned agencies in, elaborating and submitting a list of national databases to the Prime Minister for promulgation and defining the responsibilities ofstate agencies for building national databases under the provisions of Clause 3 of this Article.

3. State agencies assigned to assume the prime responsibility for building and maintaining national databases shall promulgate regulations on the building, management, exploitation, protection and maintenance of national databases.

Article 12.- Building of databases of ministries, ministerial-level agencies, government-attached agencies and provincial-level People's Committees

1. A database of a ministry, ministerial-level agency, government-attached agency or provincial- level People's Committee means a collection of information, which is built, updated and maintained to satisfy the demand of such agency or People's Committee for information access and use and serve public interests

2. Funds for building and maintenance of databases of ministries, ministerial-level agencies, government-attached agencies and provincial-level People's Committees shall be incorporated in state budget expenditure estimates of these branches or localities.

3. Ministries, ministerial-level agencies, government-attached agencies and provincial-level People's Committees shall provide for lists of databases; build, update and maintain their databases; and promulgate regulations on database building, management, exploitation, protection and maintenance.

Article 13.- Principles ofbuilding, management, exploitation, protection and maintenance of databases

1. To comply with prescribed standards and technical regulations in order to ensure compatibility, smoothness and safety in the process of sharing and exchanging information among state agencies.

2. To make plans with clearly defined use purposes before creating or collecting new data. The process of creating or collecting data must meet the following requirements:

a/To ensure the relevance, accuracy, promptness and efficiency of created or collected data;

b/To minimize the re-collection of datafromthe same source;

c/ To make full use of existing data sources;

d/ To give priority to data that can be used for a long term;

e/ To give priority to data which can be used for different purposes.

3. To clearly specify conditions for data access and update and ensure convenient data management, access, update and search.

4. To apply appropriate levels of protection in accordance with information classification.

5. To clearly specify conditions for data maintenance, including modification and cancellation of data. To regularly assess conditions for data safety assurance.

6. Databases of ministries, ministerial-level agencies, government-attached agencies and provincial-level People's Committees shall be built and organized in conformity with national databases.

Article 14.- Assurance of information access and use of public administrative services

1. Provincial-level People's Committees shall adopt policies to encourage organizations and individuals to expand public Internet access points and, at the same time, guide methods of accessing information and using public administrative services in the network environment in accordance with law.

2. Information infrastructure of state agencies should respond to e-transactions conducted via common Internet access devices, unless otherwise provided for by law.

3. State agencies shall create favorable conditions for organizations and individuals to easily access information and use public administrative services in the network environment.

4. The application of technical solutions to support people with disabilities to easily access information and use public administrative services in the Internet is encouraged.

Article 15.- Assurance of technological compatibility in information systems of state agencies

The Ministry ofPost and Telematics shall assume the prime responsibility for formulating a standard design for the national information system, including the following principal activities:

1. Providing for the uniform application of popular international standards and open standards to network connection and data and information exchange and storage in information networks of state agencies.

2. Promulgating technical regulations on information technology application in state agencies; operations, including:

a/ Database, metadata;

b/ Formats of digital forms, texts, images and sounds;

c/ Websites of state agencies based oh Internet technology;

d/ Digital information in Vietnamese (fonts, administrative terminology and specialized terminologies).

3. Assuming the prime responsibility for, and coordinating with the Government Cipher Committee, the Ministry of Public Security and concerned agencies in, elaborating and promulgating technical regulations on assurance of safety and confidentiality of digital information and digital information systems in operations ofstate agencies.

4. Agencies authorized to provide public administrative services shall apply standards and technical regulations specified in Clauses 1,2 and 3 ofthis Article to interfaces between their information systems and information systems of state agencies.

Article 16.- Announcement of suspension of the supply of information and provision of services in the network environment

1. Except in force majeure circumstances, state agencies shall make a public announcement at least 07 working days before their suspension of the supply of information or the provision of services in the network environment for overcoming incidents or upgrading or extending the information infrastructure:

a/ Except inforce majeure circumstances, making

a public announcement in appropriate forms and take measures for remedying incidents right after the supply of information or provision of services in the network environment by state agencies is seriously affected or suspended due to errors occurring during the operation of the information systems;

b/ The announcement must clearly state the expected time ofresuming the supply of information or provision ofservices in the network environment.

2. State agencies shall prepare and implement plans on the use of back-up information infrastructure in order to continue supplying the most essential information or providing the most essential services at an appopriate level during the period of suspension ofthe supply ofinformation or provision of services in the network environment.

Article 17.- Connection of information infrastructure of state agencies to the Internet

1. State agencies shall connect their technical infrastructure to the Internet in order to supply information and provide public administrative services according to their functions and tasks.

2. Internet connection must ensure information safety according to Article 41 of this Decree and other provisions of law

SECTION 2. SUPPLY OF INFORMATION CONTENTS

Article 18.- Responsibilities for information supply and receipt in the network environment

1 State agencies shall supply in the network environment information specified in Article 4 of this Decree to meet lawful interests of citizens.

2. The supply of information shall abide by the principle of creating conditions for citizens to have quick and easy access to information and avoiding the repeated supply of the same information.

3. State agencies shall facilitate the following activities in the network environment:

a/ Receiving organizations' and individuals' comments, complaints, denunciations and requests for the supply of information;

b/ Storing, processing, updating and supplying information; giving replies to requests;

c/ Forwarding requests for the supply of information to relevant agencies, if these requests fall beyond their functions, tasks or powers.

4. State agencies, heads of state agencies, organizations and individuals exercise other rights and perform other obligations in accordance with the law on information supply.

Article 19.- Formulation of uniform e-forms

1. E-forms used in transactions between state agencies and organizations or individuals must comply with the provisions of law and meet the following requirements:

a/ They contain simple, comprehensive and non- overlapping information which is relevant to related work processes;

b/ Their formats conform with prescribed standards and technical regulations so as to ensure convenient download, display and print-out with popular electronic devices;

c/ The re-entry of existing information in the database is minimized.

2. The list of e-forms must be scientifically arranged, reasonably grouped and promptly updated so that organizations and individuals can easily and quickly find necessary forms in the websites ofthese agencies.

3. Each ministry, ministerial-level agency or government-attached agency may design e-forms suitable to their own needs on the basis of general principles defined in Clauses 1 and 2 ofthis Article.

Article 20.- Websites of state agencies

1. Ministries, ministerial-level agencies, government-attached agencies and provincial-level People's Committees shall build, maintain, upgrade and update their websites.

2. Websites of state agencies must comply with Article 28 of the Law on Information Technology and meet the following requirements:

a/ Applying prescribed standards and technical regulations;

b/ Displaying information in a promptly manner;

c/ Having search tools which are easily used and able to provide proper results;

d/ Specifying the time limit for online existence of each type of information.

Article 21.- Lists ofpublic administrative services

Ministries, ministerial-level agencies, government- attached agencies and provincial-level People's Committees shall:

1. Publicize a list of public administrative services and a roadmap for the provision of these services in the network environment.

2. Guide organizations and individuals to enter into transactions with state agencies while providing public administrative services in the network environment.

3. Carry out publicity and communication activities so as to attract people to enter into transactions with state agencies in the network environment.

SECTION 3. DEVELOPMENT AND USE OF INFORMATION TECHNOLOGY HUMAN RESOURCES

Article 22.- Policies on development of information technology human resources in state agencies

1. The State adopts policies to develop the scale and raise the quality of training of information technology human resources in state agencies.

2. The Ministry of Post and Telematics shall coordinate with concerned agencies in elaborating

a planning on development of information technology human resources in state agencies.

3. To create conditions for chief information technology officers and full-time information technology staffs to attend domestic and overseas training courses so as to raise their managerial and professional qualifications.

4. To create conditions for the training of cadres, civil servants and employees in the skills ofapplying information technology to their work.

Article 23.- Incentives for information technology human resources in state agencies

1. Full-time information technology staffs in state agencies are entitled to incentives in terms of their working conditions, including:

a/ incentives in using information infrastructure and equipment and facilities;

b/ Incentives in training to raise their information technology qualifications;

c/ Other incentives in accordance with law.

2. Cadres, civil servants and employees may get free access to the Internet at state agencies in which they are working.

3. State agencies are encouraged to promulgate regulations on income incentives for information technology human resources in their respective agencies; provide for criteria, responsibilities and interests of, and requirements on performance evaluation of cadres, civil servants and employees regarding application of information technology to their work.

Article 24.- Payroll of full-time information technology staffs

State agencies shall arrange sufficient full-time information technology staffs in their respective agencies according to their information technology application plans.

SECTION 4. INVESTMENT IN INFORMATION TECHNOLOGY APPLICATION

Article 25.- Elaboration of information technology application plans

1. Ministries, ministerial-level agencies, government-attached agencies and provincial-level People's Committees shall elaborate five-year plans on information technology application in their respective agencies' operations (hereinafter collectively referred to as five-year plans) for submission to the Prime Minister for approval or propose the Prime Minister to authorize competent agencies to approve these plans.

2. The Ministry ofPost and Telematics shall guide the elaboration and appraisal ofthe contents of five- year plans specified in Clause 3 ofthis Article before they are submitted to the Prime Minister for approval.

3. Five-year plans ofministries, ministerial-level agencies, government-attached agencies and provincial-level People's Committees contain the following contents:

a/ General objectives and specific objectives;

b/ Present situation, contents, solutions and implementation roadmap;

c/ Investment contents as specified in Clause 2, Article 27 of this Decree;

d/ Projected funds;

e/ Conditions to ensure the plan implementation;

f/ Expected benefits.

4. The Ministry of Post and Telematics shall coordinate with the Ministry of Planning and Investment and the Ministry of Finance in guiding conditions and procedures for adjustment of objectives and contents of five-year plans during their implementation process. Adjustments to five- year plans of ministries, ministerial-level agencies, government-attached agencies and provincial-level People's Committees are subject to approval of the Prime Minister.

5. Ministries, ministerial-level agencies, government-attached agencies and provincial-level People's Committees shall, basing themselves on five-year plans approved by the Prime Minister, elaborate, and organize the implementation of, annual plans. The Ministry of Post and Telematics shall coordinate with the Ministry of Planning and Investment in guiding and synthesizing annual plans.

Article 26.- Priority allocation of budget capital for information technology application in state agencies'operations

1. Investment in information technology application in state agencies' operations is development investment.

2. The Ministry of Planning and Investment and the Ministry ofFinance shall prioritize the allocation of budget capital for information technology application in state agencies' operations.

3. Annually, competent state agencies shall allocate sufficient funds for information technology application as scheduled in approved plans.

Article 27.- Investment in information technology application in state agencies'operations

1. Funds for investment in information technology application in state agencies' operations are allocated from the state budget (funds for development investment and regular expenditures) and other lawful sources.

2. Investment contents must comply with Clause 1, Article 63 of the Law on Information Technology, covering:

a/ Building, maintaining and upgrading technical infrastructure;

b/ Building, procuring, maintaining and upgrading software;

c/ Building, updating, maintaining and duplicating databases and management information systems;

d/ Integrating systems;

e/ Building, maintaining and upgrading technical and operational systems to assure information safety;

fl Building and maintaining websites;

g/ Providing and maintaining public administrative services in the network environment;

h/ Elaborating and supplementing regulations and rules on management, exploitation and maintenance of information systems;

i/ Training and re-training of cadres, public servants and employees in the skills of applying information technology to their work; and full-time information technology staffs;

j/ Other investments in information technology application in state agencies' operations.

3. The Ministry ofFinance shall assume the prime responsibility for, and coordinate with the Ministry of Post and Telematics and concerned agencies in, setting limits of non-business expenditures for information technology application in state agencies.

Article 28.- Investment priority criteria for information technology application projects

Projects on information technology application in state agencies may enjoy investment priority if they satisfy at least one of the following criteria:

1. Making information technology universal, supplying information on or providing public administrative services.

2. Using a common information infrastructure for many state agencies.

3. Supporting administrative reform programs.

Article 29.- Regulations on investment in software projects

1. If the total investment level of an applied software project cannot be determined according to current regulations, it may be determined by the methods of sizing software and estimating costs of software according to international practice and databases specified in Clause 3, Article 9 of this Decree.

2. To encourage the execution ofapplied software projects in the form of EPC bidding package.

3. The Ministry of Post and Telematics shall assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment and concerned ministries and branches in elaborating and submitting to the Prime Minister for promulgation a Regulation on management of investment in applied software projects funded with state budget capital; and promulgating techno-economic norms in software project consultancy and design.

Article 30 Encouragement of investment in infomation technology application

The State encourages investment from non-state budget sources in information technology application in state agencies' operations and local administrations in rural, deep-lying, remote and mountainous areas, islands and difficulty-hit regions.

Article 31.- Intellectual property rights to solutions, software and databases

Intellectual property rights and development rights to solutions, software and databases in projects on information technology application in state agencies' operations must comply with the law on intellectual property and be specified in contracts.

Article 32.- Assessment ofinformation technology application levels

1. Information technology-applying state agencies shall periodically assess the level of information technology application in their own operations.

2. The Ministry of Post and Telematics shall guide state agencies to assess their information technology application levels.